FAQ

Personal Injury

Can I still pursue compensation if I was partially at fault for my injuries?

Absolutely. But your award will be reduced by the percentage of negligence attributable to you.

Should I sign a release?

Never, until your injuries are completely resolved and you have reviewed the release with your lawyer.

What questions can I expect to be asked during a deposition?

You can be expected to be questioned about your background, the events causing you injury, your injuries, your doctors names, previous accidents involving injury, criminal record and for the identity of those persons who witnessed the events.

Are medical bills included in a bodily injury claim?

Medical bills are calculated to form the basis of your injury claim. These are considered special damages as opposed to general damages such as pain and suffering and mental anguish.

Can a healthcare insurer be repaid from a personal injury settlement?

Yes. Healthcare insurer’s can place a lien on your injury case and are required to be paid from your settlement funds.

Can my lawyer settle my case without my consent?

Yes. Healthcare insurer’s can place a lien on your injury case and are required to be paid from your settlement funds.

How do I collect my personal injury award?

If your personal injury award is against an insurance company and the insurance limits are sufficient, they will pay you. If the defendant’s insurance is not sufficient or they don’t have insurance, you will have to make an uninsured/underinsured motorist claim on your own policy.

Commercial Litigation

What is Commercial Litigation?

Commercial litigation is a broad term that generally covers legal disputes involving businesses or business owners. For example, partnership disputes, breach of contracts and unfair trade practices claims.

Why Hire a Commercial Litigation Lawyer?

If your business is your livelihood for you, your family and employees and it becomes exposed to financial risk or ruin; you have been sued or need to bring a lawsuit against a company; you need to immediately consult with an experienced commercial litigator. Time is of the essence and can be the difference between victory and defeat.

What is Involved When Litigating a Commercial Litigation / Business Issue?

Commercial/Business litigation come in a variety of forms. When a business is sued for causing injury such as a slip and fall, most businesses have a general liability policy that covers the defense and costs for those claims. When your business contracts with another business to perform certain duties or labor and that company fails to perform, it is likely going to cause your business to be in a dispute. Commercial/Business litigation is the general practice area which encompasses these type of disputes.

What is the Difference Between Mediation and Arbitration?

In Louisiana, mediation and arbitration are alternative dispute methods. Mediation is generally the precursor to arbitration and is generally not binding. In mediation both parties are usually interested in resolving their dispute and agree to appear before a third-party neutral to help resolve their differences. Arbitration is generally binding between the parties and is used to bring the dispute to a final resolution. If both parties agree to binding arbitration, an arbitrator, usually a lawyer or former judge, makes a final determination of the matter after it has been heard. That final determination is not appealable.

What Constitutes a Contract?

In Louisiana, contracts can be written or verbal. Certain contracts must be in writing to be valid, such as the transfer of property. In addition, in order to have a valid contract, certain factors must be met. In order for a contract to be valid, the persons/parties must have the capacity to consent and freely/voluntarily do so.

What is a Breach of Contract?

Assuming the contract is valid, when one party fails to perform in accordance with the agreement, that party can be deemed to be in breach. At that point, the non-breaching party can demand that the breaching party perform and also recover damages.

What is a Non-Compete Clause?

Non-compete agreements are controlled by statute, specifically, La. R.S. 23:921. A non-compete controls the employee/partner actions after they have been terminated or have resigned from the company. They can only control for a maximum of 2 years after employment. Non-competes are particularly useful for companies that have key employees to avoid them from quitting and opening a business that directly competes.

Can I Sue for Breach of Verbal Contract?

Absolutely. Louisiana recognizes verbal contracts.

What's a Complex Business Dispute?

A complex business dispute generally involves multiple parties and potentially multiple lawsuits in different venues.

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